Terms of Service

OVERVIEW

Welcome to Moongchi. Reverie Company does business as Moongchi.com. Throughout these Terms of Service, “Moongchi,” “we,” “us,” and “our” refer to Reverie Company d/b/a Moongchi.com.

Moongchi operates an online marketplace and related website, content, features, tools, products, and services to provide customers with a curated shopping experience (the “Services”). The Services may include products offered by independent designers, brands, or other merchants (“Third-Party Sellers”), as well as products sold directly by Moongchi. Moongchi is powered in part by Shopify, which enables us to provide certain commerce functionality within the Services.

These Terms of Service, together with any policies referenced in them (the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the legal authority to permit any minor dependents under your supervision to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online marketplace or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent and warrant that the information you provide is accurate, current, and complete and that you have all rights necessary to provide it.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

Products offered through the Services may be sold either by an independent Third-Party Seller or directly by Moongchi. The applicable seller (the “Seller”) may be identified on the product listing, at checkout, in the order confirmation, or through other information provided with the transaction.

We and our Sellers make reasonable efforts to provide accurate product descriptions, images, colors, sizing information, pricing, and other product information. However, colors and product appearance may vary depending on your device, display settings, photography, manufacturing variations, and other factors.

For products offered by Third-Party Sellers, certain product descriptions, images, specifications, claims, and other listing content may be supplied by the applicable Seller. Each Third-Party Seller is responsible for the accuracy of the information it provides and for its products to the extent required by applicable law and our marketplace policies.

Unless required by applicable law or expressly stated otherwise, we do not warrant that the appearance or quality of a product will exactly match how it is depicted on the Services or meet every subjective expectation.

Product descriptions, availability, and offerings may be changed or discontinued at any time. We or the applicable Seller may limit quantities or availability by person, geographic region, jurisdiction, or other reasonable criteria.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the applicable product from the Seller identified for that product or transaction. For Third-Party Seller products, the sale is between you and the applicable Third-Party Seller. For products identified as sold by Moongchi, Reverie Company d/b/a Moongchi.com is the Seller.

Moongchi may facilitate order processing, checkout, payment, customer service, cancellations, returns, refunds, shipping, or other transaction services on behalf of a Third-Party Seller. Providing these marketplace services does not by itself make Moongchi the Seller of a Third-Party Seller product, except where applicable law provides otherwise.

An order is not accepted until acceptance is confirmed. Payment authorization or processing may be required before acceptance. We or the applicable Seller may decline, modify, or cancel an order for legitimate reasons, including inventory issues, pricing or listing errors, suspected fraud, payment issues, legal or compliance concerns, shipping restrictions, or marketplace policy violations.

Please review your order carefully before submitting it. After an order is accepted, cancellation may not always be possible.

If an order is declined, changed, or canceled, we or the applicable Seller may attempt to notify you using the email address, billing information, shipping information, or phone number provided with the order.

Purchases are subject to our Refund Policy and any product-specific conditions disclosed before purchase.

Unless expressly authorized, you represent and warrant that purchases are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice. For marketplace products, prices may be established by the applicable Seller. The price charged will generally be the price displayed and confirmed at the time the order is placed, subject to correction of errors as permitted by these Terms and applicable law.

Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping, handling, customs duties, import charges, or other fees.

Prices displayed through the Services may differ from prices offered by a Seller through other channels or by third parties. Promotions may be subject to separate terms, and if those promotion terms conflict with these Terms, the promotion terms will control for that promotion.

Moongchi may provide or facilitate checkout and payment processing for transactions involving Third-Party Sellers. By submitting payment information, you authorize Moongchi, Shopify, our payment processors, and other authorized service providers, as applicable, to process charges associated with your order on behalf of the applicable Seller.

You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update information as necessary so that transactions can be completed and we can contact you.

You represent and warrant that payment information you provide is accurate, that you are authorized to use the payment method, and that valid charges associated with your purchase will be honored.

Where required by applicable marketplace facilitator, sales tax, use tax, or similar laws, Moongchi may calculate, collect, report, and remit taxes associated with marketplace transactions.

SECTION 5 - SHIPPING AND DELIVERY

Products may be shipped by a Third-Party Seller, by Moongchi, through Moongchi fulfillment arrangements, or by other third-party logistics providers and carriers.

Delivery dates and transit times are estimates unless expressly guaranteed in writing. Delays may occur because of carrier operations, customs processing, weather, supply conditions, Seller performance, or other events outside the reasonable control of Moongchi.

Shipping, delivery, lost-package, and transit-damage matters will be handled in accordance with the applicable Shipping Policy, the relevant Seller or fulfillment arrangement, applicable carrier claim procedures, and applicable law.

If a package is lost, damaged, or materially delayed in transit, please contact us promptly so that we can help coordinate the appropriate review or claim process with the Seller, fulfillment provider, or carrier, as applicable.

Title and risk of loss will pass as provided by applicable law and the applicable shipping arrangement.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and Moongchi-created materials, including our names, logos, trademarks, text, displays, site design, graphics, photographs, video, audio, software, and the selection and arrangement of such materials, are owned by Reverie Company, its affiliates, or its licensors and are protected by U.S. and international intellectual property laws.

Third-Party Sellers, designers, brands, licensors, and other rights holders may own trademarks, logos, product designs, photographs, videos, graphics, descriptions, and other content displayed through the Services. Display of such materials on Moongchi does not transfer ownership of those intellectual property rights to Moongchi or to users.

These Terms permit you to use the Services for personal, non-commercial purposes only. Except as expressly permitted by us or the applicable rights holder, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, exploit, or otherwise use protected materials from the Services.

You may not use the Services to sell, upload, post, transmit, promote, or otherwise make available counterfeit goods, unauthorized replicas, or products or content that infringe or misappropriate copyrights, trademarks, patents, trade dress, rights of publicity, or other intellectual property or proprietary rights.

Moongchi may remove or disable content or listings, restrict sales, suspend or terminate accounts, or take other appropriate action when we reasonably believe that a product, listing, Seller, or user violates intellectual property rights, applicable law, these Terms, or our marketplace policies. We may also take action against repeat infringers.

Intellectual property concerns, including copyright and trademark infringement notices, may be reported to ip@moongchi.com. Additional requirements and procedures, including DMCA notices and counter-notices, are described in our Intellectual Property Policy.

Moongchi names, logos, product and service names, designs, and slogans are trademarks of Reverie Company or its licensors. Shopify names, logos, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product and service names, designs, and slogans displayed through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools or functionality offered by third parties as part of the Services. We may not monitor or control those third-party tools.

To the fullest extent permitted by law, access to optional third-party tools may be provided “as is” and “as available” without warranties, representations, conditions, or endorsement by Moongchi. We are not responsible for losses arising solely from your use of optional third-party tools that are outside our control.

Your use of third-party tools is at your discretion and may be subject to the terms and privacy practices of the applicable provider.

We may introduce new features, tools, or resources in the future. Unless otherwise stated, such features form part of the Services and are subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, embedded functionality, or links to websites and services operated by third parties. We are not responsible for examining or evaluating all third-party content, products, services, accuracy, or practices.

If you access a third-party website or service, you do so subject to that third party’s terms and policies. To the fullest extent permitted by law, Moongchi is not responsible for harm or damages arising from third-party websites, products, services, resources, or content that are outside our control.

Questions or disputes relating solely to third-party products or services outside the Moongchi marketplace should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Moongchi is powered in part by Shopify, which provides technology and commerce infrastructure that helps us provide the Services.

Shopify is not the Seller of products offered through Moongchi and is not a party to sales between you and a Third-Party Seller or between you and Reverie Company d/b/a Moongchi.com for Moongchi direct-sale products.

By using the Services, you acknowledge and agree that, to the fullest extent permitted by law, Shopify is not responsible for the products sold through Moongchi or for injury, damage, or loss arising from a purchase or transaction with a Seller. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions conducted through Moongchi, except to the extent such release is prohibited by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because portions of the Services are hosted or supported by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve commerce functionality. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located in countries other than your country of residence, as described in our Privacy Policy.

By using the Services, you acknowledge that you have reviewed the applicable privacy disclosures.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (“Feedback”), you grant Moongchi a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback in any medium for lawful business purposes, including operating, evaluating, improving, and promoting the Services.

You represent and warrant that you own or have the necessary rights to provide the Feedback, that you have disclosed any material compensation or incentive associated with the Feedback where required, and that your Feedback complies with these Terms.

We are not obligated to keep Feedback confidential, pay compensation for Feedback, or respond to Feedback unless required by law or separately agreed in writing.

We may monitor, edit, refuse, or remove Feedback that we reasonably determine violates law, intellectual property rights, these Terms, or our policies, or is otherwise unlawful, abusive, deceptive, obscene, malicious, or harmful.

You are responsible for the Feedback you submit and its accuracy. You may not impersonate another person, use misleading identity information, or submit malware or other harmful code.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information within the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, Seller information, pricing, promotions, offers, shipping charges, transit times, availability, or other matters.

Moongchi or the applicable Seller may correct errors, inaccuracies, or omissions and may change or update information or cancel an affected order when permitted by applicable law, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to engage in unlawful, fraudulent, malicious, abusive, deceptive, infringing, or harmful conduct.

Without limiting the foregoing, you may not: violate applicable laws or regulations; infringe intellectual property or privacy rights; harass, threaten, defame, or harm another person; transmit false or misleading information; distribute spam or unauthorized solicitations; impersonate another person or entity; upload malware or malicious code; collect or track personal information unlawfully; scrape, crawl, spider, phish, pharm, pretext, or interfere with security or technical measures; or reproduce, duplicate, copy, sell, resell, or exploit the Services except as expressly permitted.

We may suspend, restrict, disable, or terminate access to the Services if we reasonably determine that you have violated these Terms, applicable law, or our policies.

SECTION 14 - TERMINATION

We may terminate or restrict your access to all or part of the Services at any time when reasonably necessary to protect the Services, users, Sellers, rights holders, or Moongchi, or when you violate these Terms or applicable law.

You remain responsible for amounts lawfully due before termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law, privacy, and accrued rights and obligations.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational and shopping purposes. While we and our Sellers seek to provide useful and accurate information, we do not warrant that all information will be complete, current, or error-free at all times.

Except as expressly stated by Moongchi or the applicable Seller, and subject to applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain warranty exclusions or limitations, so some of the foregoing may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

For products sold by independent Third-Party Sellers, the applicable Seller is responsible for its products, listings, representations, legal compliance, and fulfillment obligations to the extent those matters are within the Seller’s control and as required by applicable law. Except as required by law or expressly undertaken by Moongchi, Moongchi is not responsible for the independent acts or omissions of a Third-Party Seller.

To the fullest extent permitted by law, Reverie Company d/b/a Moongchi.com, its affiliates, partners, directors, officers, employees, agents, contractors, service providers, licensors, and their respective representatives, and Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from or relating to your use of the Services or products obtained through the Services, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

SECTION 17 - INDEMNIFICATION

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Reverie Company d/b/a Moongchi.com, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable attorneys’ fees arising out of or relating to: (1) your material breach of these Terms or incorporated policies; (2) your violation of applicable law or the rights of another person; or (3) your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim when practicable. Failure to provide prompt notice will not relieve you of an obligation except to the extent you are materially prejudiced. We may control the defense and settlement of a claim at your expense, but we will not agree to a settlement that imposes a material non-monetary obligation on you without your reasonable consent. You agree to cooperate in the defense of covered claims.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary, and the remaining provisions will remain valid and enforceable.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and the policies or operating rules incorporated or posted in connection with the Services constitute the entire agreement between you and Moongchi concerning your use of the Services, except for any separate agreement that expressly applies to a particular transaction or service.

If we provide a translation of these Terms, the translation is for convenience and reference only. To the extent permitted by applicable law, the English version controls in the event of a conflict or inconsistency between the English version and a translation.

Any ambiguity in these Terms will be interpreted in accordance with applicable law and not automatically against the party that drafted them.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent, except where applicable law provides otherwise. Any prohibited attempted assignment is void.

We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a merger, reorganization, sale of assets, financing, corporate restructuring, or other lawful business transaction, or as otherwise permitted by law.

SECTION 21 - GOVERNING LAW

These Terms and any separate agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

Subject to applicable law, you and Reverie Company d/b/a Moongchi.com consent to the jurisdiction of the state and federal courts located in California for disputes that are properly brought in court.

SECTION 22 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the meaning of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You may review the current version of these Terms on this page.

We may update, change, or replace portions of these Terms from time to time by posting the revised Terms through the Services. When required by applicable law, we will provide notice of material changes and state when those changes become effective.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms may be sent to hello@moongchi.com.

Reverie Company d/b/a Moongchi.com 600 E. Washington Blvd., Unit C-22 Los Angeles, CA 90015